116Return of seized things

116 Return of seized things

(1)  [Section 116 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person from whom any thing was seized may apply to the Director for its return if–

(a) a decision is made not to institute any proceedings in respect of the alleged offence for which the thing was seized; or

(b) proceedings in respect of the alleged offence for which the thing was seized are not instituted within 30 days after the seizure; or

(c) proceedings in respect of the alleged offence for which the thing was seized are discontinued or the alleged offender is acquitted.

(2)  An application is to be –

(a) in writing; and

(b) made within –

(i) 3 months after the seizure, for an application to which subsection (1) (a) or (b) relates; or

(ii) 6 weeks after the proceedings are discontinued or the applicant is acquitted, for an application to which subsection (1) (c) relates.

(3)  [Section 116 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may–

(a) approve an application to which subsection (1) (a) or (b) relates if satisfied that the circumstances warrant; or

(b) refuse to approve the application if not so satisfied.

(4)  [Section 116 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director must approve an application to which subsection (1) (c) relates if satisfied that the proceedings have been discontinued or the alleged offender was acquitted.